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Simple English definitions for legal terms
aider by verdict
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A quick definition of aider by verdict:
Aider by verdict: When a legal document, such as a complaint or defense, is missing important information, it can be fixed by a trial verdict. This means that even if the missing information was not specifically mentioned in the document, the court can assume that there is enough evidence to support it. However, if the document is missing something very important, like the reason why someone is suing, it cannot be fixed by a verdict.
A more thorough explanation:
Aider by verdict is a legal term that refers to the cure of a defect in a legal pleading by a trial verdict. This means that even if the necessary facts were not specifically alleged in the pleading, the verdict can still be based on the presumption that the record contains adequate proof of those facts.
For example, if a plaintiff files a complaint that does not include all the necessary elements of a cause of action, but the evidence presented at trial proves those elements, the verdict can cure the defect in the pleading.
It's important to note that aider by verdict only applies to defects in pleadings that are not inherently defective. For example, if a plaintiff files a complaint that does not state a valid cause of action, a verdict cannot cure that defect.
Overall, aider by verdict is a way to ensure that a party is not unfairly penalized for a defect in their pleading if the necessary facts are proven at trial.